Gumede v President of the Republic of South Africa : harmonisation, or the creation of new marriage laws in South Africa?

Abstract

The Recognition of the Customary Marriages Act and the judgment in Gumede have replaced the African customary marriage with an official statutory marriage. This does not come as a surprise. The decision followed effortlessly in the footsteps of Bhe (supra) which abolished the customary law of succession. Joining the ranks of other cases and legislation, Gumede has made a significant contribution to the development of an official customary law which is in harmony with constitutional principles.